California Probate Court Confirmation 2025: What Buyers Need to Know
California probate court confirmation is a hearing where a judge reviews and approves the sale of estate property, and where competing buyers can submit overbids that may exceed your accepted offer. The hearing typically occurs 30-45 days after offer acceptance, and the minimum first overbid must be 10% of the first $10,000 plus 5% of the remainder of the original offer.
If you've found a probate property you want to buy and the listing says "subject to court confirmation," you're about to enter a process unlike any traditional real estate transaction. Understanding exactly what happens at these hearings and how to prepare, can mean the difference between winning your dream property and watching it go to someone else.
Quick Links: When Confirmation Is Required | The Hearing Process | Overbid Formula | How to Prepare | FAQ
When Is Court Confirmation Required?
Not every probate sale requires court confirmation. California's Independent Administration of Estates Act (IAEA) determines whether a sale needs judicial approval.
Court confirmation IS required when:
The personal representative has "limited authority" under IAEA
The will specifically requires court oversight of property sales
An heir or interested party objects to the proposed sale
The personal representative elects to seek court approval (even with full authority)
Court confirmation is NOT required when:
The personal representative has "full authority" under IAEA
No heirs object within the 15-day Notice of Proposed Action period
The sale proceeds under standard IAEA procedures
When I'm representing buyers on probate properties, the first thing I verify is the authority level. This single factor shapes our entire strategy, from offer structure to timeline expectations.
How to identify confirmation requirements:
Look for these phrases in MLS listings:
"Subject to court confirmation" = Confirmation required
"Court date set for [date]" = Confirmation required
"Full IAEA authority" = No confirmation needed
"No court confirmation required" = No confirmation needed
If the listing doesn't specify, ask the listing agent directly before submitting your offer.
What Happens at a Probate Court Confirmation Hearing
The confirmation hearing is essentially a public auction supervised by a probate judge. Here's the step-by-step process:
Before the Hearing
1. Your offer is accepted (Day 0)
The personal representative accepts your offer, but this only makes you the "first bidder," not the confirmed buyer.
2. Notice of Proposed Action filed (Days 1-15)
The estate notifies all heirs and interested parties. They have 15 days to object. If someone objects, additional proceedings may be required.
3. Petition filed with court (Days 15-20)
The estate's attorney files a "Report of Sale and Petition for Order Confirming Sale of Real Property" with the probate court.
4. Hearing date set (Days 20-45)
The court schedules a confirmation hearing, typically 30-45 days from petition filing.
At the Hearing
5. Case is called
When your property's case is called, all interested parties approach the bench. This includes the estate attorney, the personal representative (sometimes), and any potential buyers.
6. Sale terms presented
The estate attorney presents the accepted offer to the judge, including purchase price, buyer identity, and terms.
7. Judge opens for overbids
The judge announces the current offer and asks if anyone wishes to submit a higher bid. This is the moment of truth.
8. Overbidding begins (if competitors present)
If other buyers are present with certified funds, they can submit overbids following the statutory formula. You, as the original buyer, can also participate.
9. Bidding continues
The judge accepts increasingly higher bids until no one offers more. Bid increments are set by the judge (typically $5,000-$10,000).
10. Sale confirmed
The judge confirms the sale to the highest bidder, signs the order, and the transaction proceeds to closing.
After the Hearing
11. Escrow opens or continues
With court confirmation in hand, escrow can proceed. Closing typically occurs within 30 days.
12. Title transfers
The court order serves as authorization for title transfer, and the sale records normally.
The Overbid Formula Explained
California Probate Code Section 10311 sets the minimum overbid amount. Understanding this formula helps you prepare financially.
First Overbid Calculation
The minimum first overbid must exceed the accepted offer by:
10% of the first $10,000 + 5% of the remainder
Examples at Different Price Points
Accepted Offer
Calculation
Minimum Overbid
$400,000
$1,000 + $19,500
$420,500
$500,000
$1,000 + $24,500
$525,500
$750,000
$1,000 + $37,000
$788,000
$1,000,000
$1,000 + $49,500
$1,050,500
Subsequent Bid Increments
After the first overbid, the judge sets increment amounts based on property value:
Properties under $500,000: Typically $2,500-$5,000 increments
Properties $500,000-$1,000,000: Typically $5,000-$10,000 increments
Properties over $1,000,000: Typically $10,000-$25,000 increments
The judge has discretion to adjust increments based on bidding activity.
Strategic Implications
Because of the overbid formula, sophisticated buyers sometimes submit initial offers knowing they'll face competition. A strategic below-market offer can:
Secure your position as first bidder
Allow room for overbidding within your budget
Test whether serious competition exists
However, too low an offer may be rejected by the personal representative or fail the 90% minimum appraisal requirement.
How to Prepare for a Court Confirmation Hearing
Preparation separates successful probate buyers from those who lose properties at the last minute.
Financial Preparation
Bring certified funds: You'll need a cashier's check for your deposit (typically 10% of your maximum bid). Personal checks are not accepted.
Know your maximum: Before the hearing, determine the absolute highest you'll bid. Emotions run high in courtroom auctions. Set your limit in advance.
Have proof of funds ready: The court may ask for verification that you can complete the purchase.
Coordinate with your lender: If financing, ensure your lender understands the court timeline and can accommodate.
Logistical Preparation
Confirm hearing date and location: Probate courts vary by county. Verify the exact courtroom, time, and any check-in procedures.
Arrive early: Courts run on tight schedules. Arriving 30 minutes early ensures you don't miss your case.
Dress appropriately: Business casual is standard. You're appearing before a judge.
Bring identification: Government-issued ID is typically required.
Strategic Preparation
Complete inspections beforehand: After court confirmation, you're committed. Know what you're buying before you bid.
Research comparable sales: Understand the property's true value so you can bid confidently.
Decide your walk-away point: If bidding exceeds your threshold, be prepared to leave. Your deposit will be refunded.
Consider attending a hearing first: If you've never experienced a probate confirmation, attend one as an observer before your own property's hearing.
What If You're Outbid?
Losing at a court hearing is disappointing but not catastrophic. Here's what happens:
Your deposit is refunded: The full 10% earnest money deposit returns to you, typically within 1-2 weeks.
You have no further obligations: Unlike traditional sales where backing out has consequences, losing an overbid simply ends your involvement.
You've gained experience: The process knowledge you've acquired applies to future probate opportunities.
The property might return: Occasionally, winning overbidders fail to close. If that happens, the property may be re-offered.
Some investors deliberately bid on multiple probate properties, knowing they'll win some and lose others. The strategy works because deposit refunds eliminate financial risk from losses.
Los Angeles County Probate Court Information
If you're buying probate property in LA County, hearings occur at:
Stanley Mosk Courthouse
111 N. Hill Street
Los Angeles, CA 90012
Probate Division
Pasadena Courthouse (for some cases)
300 E. Walnut Street
Pasadena, CA 91101
Hearing schedules and courtroom assignments are available through the LA Superior Court website. Your real estate agent or the estate attorney can confirm specific details.
Related Resources
For a complete overview of buying probate property, see our comprehensive California probate buyer's guide.
Frequently Asked Questions
Can I attend a probate court confirmation hearing without bidding?
Yes. Probate hearings are public proceedings. You can observe to understand the process before bidding on your own property. This is actually a smart strategy for first-time probate buyers.
What if no one overbids at the hearing?
If no overbidders appear, the judge confirms the sale at your original offer price. This happens more often than you might expect. Many properties confirm without competition.
Can the personal representative reject an overbid?
Generally, no. The court's role is to maximize value for the estate. If someone offers more money with qualified funds, the court typically accepts the higher bid.
Do I need an attorney at the confirmation hearing?
Buyers don't typically need their own attorney at the hearing. The estate's attorney handles the procedural aspects. However, having an experienced probate real estate agent present is highly valuable.
How long does the actual hearing take?
Most confirmation hearings take 5-15 minutes if uncontested. If overbidding occurs, add another 10-20 minutes depending on competition level.
Ready to Navigate Court Confirmation?
Court confirmation doesn't have to be intimidating. With proper preparation and experienced guidance, you can compete effectively for probate properties in California.
Call: (213) 262-5092
Email: justin@theborgesrealestateteam.com
About the Author
Justin Borges (DRE# 01940318) is the founder of The Borges Real Estate Team at eXp Realty of Greater Los Angeles. With 13+ years of experience and over $200 million in career sales, Justin specializes in probate and trust real estate throughout Los Angeles County. He regularly attends court confirmation hearings with buyer clients and has navigated dozens of successful overbidding situations. Based in Pasadena and serving all of LA County.
